do-me/EUR-LEX huggingface dataset:
No state aid within the meaning of Article 61(1) of the EEA Agreement 2023/C 137/03
Date: 2023-04-20
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, oil industry, petroleum, tax








C_2023137EN.01000301.xml










20.4.2023   


EN


Official Journal of the European Union


C 137/3






No state aid within the meaning of Article 61(1) of the EEA Agreement
(2023/C 137/03)
The EFTA Surveillance Authority considers that the following measure does not constitute state aid within the meaning of Article 61(1) of the EEA Agreement:






Date of adoption of the decision


15 December 2022




Cases No


86109 and 87198




Decision No


231/22/COL




EFTA State


Norway




Region


 




Title (and/or name of the beneficiary)


Temporary amendments to the PTA




Legal basis


Act of 19 June 2020 on amendments to the Act on Petroleum Tax




Type of measure


Scheme




Objective


 




Form of aid


No aid




Budget


 




Intensity


 




Duration


 




Economic sectors


Extraction of crude petroleum and natural gas




Name and address of the granting authority







Ministry of Petroleum and Energy




P.O. Box 8148 Dep




NO-0033 Oslo




NORWAY








Other information


 




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case C-263/22, Ocidental — Companhia Portuguesa de Seguros de Vida: Judgment of the Court (Ninth Chamber) of 20 April 2023 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Ocidental — Companhia Portuguesa de Seguros de Vida, SA v LP (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Articles 3 to 6 — Criteria for assessing the unfairness of a contractual term — Requirement of transparency — Group insurance contract — Permanent invalidity of the consumer — Duty to provide information — Non-disclosure of a term limiting or excluding cover against the insured risk)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: consumer information, disabled person, insured risk, unfair terms of contract








C_2023205EN.01001701.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/17






Judgment of the Court (Ninth Chamber) of 20 April 2023 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Ocidental — Companhia Portuguesa de Seguros de Vida, SA v LP
(Case C-263/22, (1) Ocidental — Companhia Portuguesa de Seguros de Vida)
(Reference for a preliminary ruling - Unfair terms in consumer contracts - Directive 93/13/EEC - Articles 3 to 6 - Criteria for assessing the unfairness of a contractual term - Requirement of transparency - Group insurance contract - Permanent invalidity of the consumer - Duty to provide information - Non-disclosure of a term limiting or excluding cover against the insured risk)
(2023/C 205/20)
Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings


Applicant: Ocidental — Companhia Portuguesa de Seguros de Vida, SA

Defendant: LP

intervening parties: Banco Comercial Português SA, Banco de Investimento Imobiliário SA

Operative part of the judgment







1.


Article 4(2) and Article 5 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the 20th recital of that directive,
must be interpreted as meaning that a consumer must always be afforded the opportunity, before the conclusion of a contract, to become acquainted with all the terms that the latter contract contains.










2.


Article 3(1) and Articles 4 to 6 of Directive 93/13
must be interpreted as meaning that where a term of an insurance contract relating to the exclusion or limitation of cover against the insured risk, with which the consumer concerned could not have become acquainted prior to the conclusion of that contract, is found to be unfair by the national court, that court is required to exclude the application of that term in order that it may not produce binding effects with regard to that consumer.






(1)  OJ C 276, 18.7.2022.
Information relating to the entry into force of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver
Date: 2023-04-20
Institutions: Council of the European Union
Subjects: EU visa policy, Saint Vincent and the Grenadines, Schengen Agreement, agreement (EU), external border of the EU, foreign national








L_2023105EN.01000101.xml










20.4.2023   


EN


Official Journal of the European Union


L 105/1







Information relating to the entry into force of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

The Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver will enter into force on 1 May 2023, the procedure provided for in Article 8(1) of the Agreement having been completed on 31 March 2023.
Case C-815/21 P: Judgment of the Court (Seventh Chamber) of 20 April 2023 — Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl v European Commission (Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Online sales — Regulation (EC) No 773/2004 — Article 2(1) — European Commission decision to initiate an investigation — Territorial scope of the investigation — Exclusion of Italy — Allocation of competence between the Commission and the competition authorities of the Member States — Regulation (EC) No 1/2003 — Article 11(6) — The competition authorities of the Member States being relieved of their competence — Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission — Action for annulment — Act not open to challenge — Act not producing legal effects vis-à-vis third parties — Preparatory act — Inadmissibility)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: EU competition policy, Italy, admissibility, control of restrictive practices, dominant position, electronic commerce, powers of the institutions (EU)








C_2023205EN.01001101.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/11






Judgment of the Court (Seventh Chamber) of 20 April 2023 — Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl v European Commission
(Case C-815/21 P) (1)

(Appeal - Competition - Article 102 TFEU - Abuse of dominant position - Online sales - Regulation (EC) No 773/2004 - Article 2(1) - European Commission decision to initiate an investigation - Territorial scope of the investigation - Exclusion of Italy - Allocation of competence between the Commission and the competition authorities of the Member States - Regulation (EC) No 1/2003 - Article 11(6) - The competition authorities of the Member States being relieved of their competence - Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission - Action for annulment - Act not open to challenge - Act not producing legal effects vis-à-vis third parties - Preparatory act - Inadmissibility)
(2023/C 205/12)
Language of the case: English

Parties


Appellants: Amazon.com Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl, Amazon Europe Core Sàrl (represented by: A. Komninos, dikigoros, and G. Tantulli, abogado)

Other party to the proceedings: European Commission (represented by: B. Ernst, T. Franchoo, G. Meessen and C. Sjödin, acting as Agents)

Intervener in support of the defendant: Autorità Garante della Concorrenza e del Mercato (represented by: P. Gentili, avvocato dello Stato)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Amazon.com, Inc., Amazon Services Europe Sàrl, Amazon EU Sàrl and Amazon Europe Core Sàrl to bear their own costs and to pay the costs incurred by the European Commission;










3.


Orders the Autorità Garante della Concorrenza e del Mercato (National Competition Authority, Italy) to bear its own costs in relation to the appeal proceedings.






(1)  OJ C 84, 21.2.2022.
Non-opposition to a notified concentration (Case M.11099 – CINVEN / MBCC DIVESTMENT BUSINESS) (Text with EEA relevance) 2023/C 199/01
Date: 2023-04-20
Institutions: Directorate-General for Competition, European Commission
Subjects: building materials, consultancy, economic concentration, investment, investment company, merger control, provision of services








C_2023199EN.01000101.xml










7.6.2023   


EN


Official Journal of the European Union


C 199/1






Non-opposition to a notified concentration
(Case M.11099 – CINVEN / MBCC DIVESTMENT BUSINESS)
(Text with EEA relevance)
(2023/C 199/01)
On 20 April 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11099. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-413/21 P: Judgment of the Court (Sixth Chamber) of 20 April 2023 — Council of the European Union v Aisha Muammer Mohamed El-Qaddafi (Appeal — Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — List of persons and entities subject to the freezing of funds and economic resources — List of persons subject to restrictions on entry into and transit through the territory of the European Union — Retention of Ms El-Qaddafi’s name on the lists — Sufficiently solid factual basis — Obligation to state reasons)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: EU restrictive measure, Libya, economic sanctions, freedom of movement, freezing of assets, international sanctions, natural person








C_2023205EN.01000501.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/5






Judgment of the Court (Sixth Chamber) of 20 April 2023 — Council of the European Union v Aisha Muammer Mohamed El-Qaddafi
(Case C-413/21 P) (1)

(Appeal - Common foreign and security policy - Restrictive measures taken in view of the situation in Libya - List of persons and entities subject to the freezing of funds and economic resources - List of persons subject to restrictions on entry into and transit through the territory of the European Union - Retention of Ms El-Qaddafi’s name on the lists - Sufficiently solid factual basis - Obligation to state reasons)
(2023/C 205/06)
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents)

Other party to the proceedings: Aisha Muammer Mohamed El-Qaddafi (represented by: S. Bafadhel, Barrister)

Intervener in support of the appellant: French Republic (represented by: J.-L. Carré, A.-L. Desjonquères and W. Zemamta, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Council of the European Union to bear its own costs and to pay those incurred by Ms Aisha Muammer Mohamed El-Qaddafi;










3.


Orders the French Republic to bear its own costs.






(1)  OJ C 382, 20.9.2021.
Case C-144/21: Judgment of the Court (Fourth Chamber) of 20 April 2023 — European Parliament v European Commission (Action for annulment — Implementing Decision C(2020) 8797 — Authorisation of certain uses of chromium trioxide — Regulation (EC) No 1907/2006 — Registration, evaluation, authorisation and restriction of chemicals — Article 60 — Granting of authorisations — Obligation to demonstrate that socio-economic benefits outweigh the risk to human health or the environment arising from the use of the substance and that there are no suitable alternative substances or technologies — Article 62 — Applications for authorisation — Article 64 — Procedure for authorisation decisions)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: chemical product, chromium, market approval, metal coating, oxide








C_2023205EN.01000301.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/3






Judgment of the Court (Fourth Chamber) of 20 April 2023 — European Parliament v European Commission
(Case C-144/21) (1)

(Action for annulment - Implementing Decision C(2020) 8797 - Authorisation of certain uses of chromium trioxide - Regulation (EC) No 1907/2006 - Registration, evaluation, authorisation and restriction of chemicals - Article 60 - Granting of authorisations - Obligation to demonstrate that socio-economic benefits outweigh the risk to human health or the environment arising from the use of the substance and that there are no suitable alternative substances or technologies - Article 62 - Applications for authorisation - Article 64 - Procedure for authorisation decisions)
(2023/C 205/03)
Language of the case: English

Parties


Applicant: European Parliament (represented by: C. Ionescu Dima, M. Menegatti and L. Visaggio, acting as Agents)

Defendant: European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)

Intervener in support of the defendant: European Chemicals Agency (ECHA) (represented by: W. Broere, M. Heikkilä and T. Zbihlej, acting as Agents)

Operative part of the judgment

The Court:






1.


Annuls Article 1(1) and (5) and Articles 2 to 5, 7, 9 and 10 of Commission Implementing Decision C(2020) 8797 of 18 December 2020 partially granting an authorisation for certain uses of chromium trioxide under Regulation (EC) No 1907/2006 of the European Parliament and of the Council (Chemservice GmbH and others), inasmuch as those articles concern the authorisation for uses 2, 4 and 5, as well as use 1 in relation to the formulation of mixtures for uses 2, 4 and 5;










2.


Declares that the effects of Implementing Decision C(2020) 8797 are to be maintained for a period not exceeding one year from the date of delivery of the present judgment;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 163, 3.5.2021.
Case C-52/22, BVAEB (Adjustment of retirement pensions): Judgment of the Court (Seventh Chamber) of 20 April 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Austria) — BF v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Article 2(1) and (2)(a) — Article 6(1) — Retirement pension — National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme — First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another — Justification)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: age discrimination, civil servant, equal treatment, pension scheme, social-security harmonisation








C_2023205EN.01001202.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/12






Judgment of the Court (Seventh Chamber) of 20 April 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Austria) — BF v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB)
(Case C-52/22, (1) BVAEB (Adjustment of retirement pensions))
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Prohibition of discrimination on grounds of age - Article 2(1) and (2)(a) - Article 6(1) - Retirement pension - National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme - First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another - Justification)
(2023/C 205/14)
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: BF

Defendant: Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB)

Operative part of the judgment

Article 2(1) and (2)(a) and (b) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
must be interpreted as not precluding national legislation which, with a view to gradually aligning the pension scheme for civil servants with the general pension scheme, provides that the first adjustment of the amount of the retirement pension of one category of civil servants is to be made as from the second calendar year following the commencement of entitlement to a pension, whereas, for another category of civil servants, that adjustment is to be made from the first calendar year following the commencement of that entitlement.


(1)  OJ C 158, 11.4.2022.
Case C-602/21: Judgment of the Court (Ninth Chamber) of 20 April 2023 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2002/49/EC — Assessment and management of environmental noise — Noise prevention — Major roads and major railways — Article 8(1) and (2) — Non-compliant or nonexistent action plans — Article 10(2) — Annex VI — Nonexistent summaries of action plans)
Date: 2023-04-20
Institutions: Court of Justice
Subjects: action programme, infringement of EU law, national implementing measure, noise level, noise pollution, noise protection, rail transport, road transport








C_2023205EN.01000701.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/7






Judgment of the Court (Ninth Chamber) of 20 April 2023 — European Commission v Republic of Poland
(Case C-602/21) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/49/EC - Assessment and management of environmental noise - Noise prevention - Major roads and major railways - Article 8(1) and (2) - Non-compliant or nonexistent action plans - Article 10(2) - Annex VI - Nonexistent summaries of action plans)
(2023/C 205/08)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: D. Milanowska, M. Noll-Ehlers and M. Rynkowski, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:






1.


Declares that the Republic of Poland has failed to fulfil its obligations under Article 8(1) and (2), Annex V, point 1, ninth indent, and Article 10(2) of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, read in conjunction with Annex VI of that directive:






—


by failing to adopt, within the time limits laid down by that directive, action plans for the areas in which the limit values were not exceeded;










—


by failing to make provision for the action plans to include actions intended to be taken in the next five years to preserve quiet areas;










—


by failing to draw up action plans concerning the 13 major railways and 247 major roads referred to in Annex A to the present judgment; and










—


by failing to submit summaries of the action plans concerning those major railways and major roads as well as the 16 major roads referred to in Annex B to the present judgment.














2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 490, 6.12.2021.
Corrigendum to Communication in accordance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature (Official Journal of the European Union C 114 of 29 March 2023) 2023/C 137/10
Date: 2023-04-20
Institutions: European Commission
Subjects: EU Member State, customs regulations, harmonisation of standards, tariff nomenclature








C_2023137EN.01001801.xml










20.4.2023   


EN


Official Journal of the European Union


C 137/18






Corrigendum to Communication in accordance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(
Official Journal of the European Union C 114 of 29 March 2023
)

(2023/C 137/10)
On page 32:
for:

‘Classification Opinions approved by the HS Committee

1704.90/12 O/2
2106.10/3 O/3
2404.19/3 O/12
2933.39/1 P (*)
3002.49/1 P (**)
3917.10/1 O/4
4418.91/1 O/5
8432.80/1 O/6
8504.40/3 O/7
8539.51/1 O/14
9032.89/2 O/7

Classification Opinions deleted by the HS Committee

2106.90/5 O/17’,

read:

‘Classification Opinions approved by the HS Committee

1704.90/12 O/2
2106.10/3 O/3
2404.19/3 O/12
2933.39/1 P (*)
3002.49/1 P (**)
3917.10/1 O/4
4418.91/1 O/5
8432.80/1 O/6
8504.40/3 O/7
8539.51/1 O/14
9032.89/2 O/7

Classification Opinions deleted by the HS Committee

2106.90/5 O/17






(*)


Renumber present Opinion 3808.93/1 as 2933.39/1 (HS2022).










(**)


Renumber present Opinion 3002.90/1 as 3002.49/1 (HS2022).’.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2023 Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.) 2023/C 137/05
Date: 2023-04-20
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2023137EN.01000501.xml










20.4.2023   


EN


Official Journal of the European Union


C 137/5






EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2023


Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (1)


(2023/C 137/05)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.1.2023 –


6,37 


-0,32 


3,15 






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.